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Journal : LAWPASS

Criminal Accountability of Perpetrators of Child Molestation Supreme Court Decision Number 1041/K/Pid.Sus/2020 Arif Prasetyo, Muhammad; Adawiyah, Rodiatun; Ramadhana, Widodo; Gokman Lumbantungkup, Hebri
LAW&PASS: International Journal of Law, Public Administration and Social Studies Vol. 1 No. 3 (2024): August
Publisher : PT. Multidisciplinary Press Indonesia

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Abstract

The crime of molestation is a form of crime against decency, where criminal acts and criminality can be committed by anyone, whether parents, adults, teenagers and children, either directly or indirectly. However, children are very vulnerable to physical or sexual violence because they are powerless creatures who depend on the people who are present in their lives to be able to keep them alive in the world safely. The purpose of this study is to find out how the criminal liability of perpetrators of child molestation and to find out how the legal considerations of judges in handling criminal cases in accordance with the Supreme Court Decision Number 1041 / K / Pid.Sus/2020. The author uses the Normative Legal research method with a Normative Juridical approach. The source of legal material used consists of primary legal material, secondary legal material, and tertiary legal material. In this study, the authors used data collection techniques in the form of literature studies (library search). Data analysis techniques use qualitative data analysis to find out and explore certain phenomena. In this study, the authors examined the Crime of Child Molestation under the age of the defendant Syarifuddin bin Alm, Tayat at the Level of Justice of the Seluma District Prosecutor's Office sentenced the perpetrator to imprisonment, fines and was proven guilty and convincing of the accused crime of molestation based on witness testimony, instructions, evidence, and defendant's statement.
Legal Review of Sexual Violence Against Children (Analysis of Decision Number 243 K/Pid.Sus/2020) Ramadhana, Widodo; Ayu Sartika Telaumbanua, Yohana; Wilfred Joshua Rohtuahdo Purba, Barryl; Safron, Ananda
LAW&PASS: International Journal of Law, Public Administration and Social Studies Vol. 1 No. 3 (2024): August
Publisher : PT. Multidisciplinary Press Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The Indonesian nation is a nation that highly respects Human Rights because children are the generation that will continue the principles of Indonesian nation, all citizens, even those created by God as state assets that cannot be separated from their elements and must be protected by their rights. But in reality, chidren are victims of a lot of sexual violence. Thus, the Indonesian government is very concerned about it in its efforts to address this social problem. Children who experience sexual abuse need extra care because they are still developing members of society both physically and psychologically. Children in Law No. 35 of 2014 is a promising law that is expected to overcome the problem of sexual violence against children. In the home environment in particular, parents are expected to take care of their children. But in reality, parents are the ones who commit sexual violence.